Order Code RL33200
Trafficking in Persons in
Latin America and the Caribbean
Updated January 8, 2007
Clare M. Ribando
Analyst in Latin American Affairs
Foreign Affairs, Defense, and Trade Division

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Trafficking in Persons in
Latin America and the Caribbean
Summary
Trafficking in persons for sexual exploitation or forced labor, both within a
country and across international borders, is a lucrative criminal activity that is of
major concern to the United States and the international community. While most
trafficking victims still appear to originate from South and Southeast Asia or the
former Soviet Union, human trafficking is a growing problem in Latin America and
the Caribbean. Countries in Latin America serve as source, transit, and destination
countries for trafficking victims. Latin America is also a primary source for the up
to17,500 people that are trafficked to the United States each year.
On June 5, 2006, the State Department released its sixth annual report on human
trafficking, Trafficking in Persons Report (TIP), dividing countries into four groups
according to the efforts they were making to combat trafficking. Tier 3 countries are
those that have not made an adequate effort to combat trafficking and are subject to
sanctions. Latin America had a higher percentage of Tier 3 countries in the 2005 TIP
report than any other region. In 2005, Bolivia, Ecuador, Jamaica, Venezuela, and
Cuba were placed on Tier 3, but only Venezuela and Cuba were subject to sanctions.
In 2006, Belize, Cuba, and Venezuela are the only countries identified as Tier 3 in
the region, but six others — including Brazil and Mexico — are on the Tier 2 Watch
List and could fall into the Tier 3 category by 2007. In September 2006, President
Bush announced that Belize would not be subject to sanctions because its
government had taken significant counter-trafficking actions but that Venezuela and
Cuba would be sanctioned.
Congress has taken a leading role in fighting human trafficking by passing the
Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386), the
Trafficking Victims Protection Reauthorization Act of 2003 (P.L. 108-193), and the
Trafficking Victims Protection Reauthorization Act of 2005 (P.L. 109-164). On
October 7, 2005, the Senate approved the ratification of the United Nations Protocol
to Prevent, Suppress, and Punish Trafficking in Persons. The United States became
party to the Protocol on December 3, 2005.
The 110th Congress is likely to continue to address human trafficking as part of
its authorization, appropriations, and oversight activities. In the 110th Congress,
legislation has been introduced, H.R. 270 (Smith), that would authorize funds for
anti-trafficking programs for FY2008 through FY2010. Another bill, H.R. 1 (Pelosi),
contains provisions that would provide increased funding and equipment to
strengthen the Human Smuggling and Trafficking Center within the Department of
Homeland Security.
This report describes the nature and scope of the problem of trafficking in
persons in Latin America. It discusses U.S. efforts to deal with trafficking in persons
in Latin America, as well as regional and country anti-trafficking efforts. It also
raises issues that may be helpful for the 110th Congress to consider as it continues to
address human trafficking. For more information, see CRS Report RL30545,
Trafficking in Persons: The U.S. and the International Response, by Francis Miko.

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Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Trafficking and Migration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Trafficking and Alien Smuggling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Global Figures on Trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Scope of the Problem in Latin America and the Caribbean . . . . . . . . . . . . . . 4
Child Trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Trafficking for Sexual Exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Trafficking for Forced Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Factors that Contribute to the Rise in Trafficking . . . . . . . . . . . . . . . . . 8
Relationship to Organized Crime and Terrorism . . . . . . . . . . . . . . . . . . 8
Trafficking and HIV/AIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
U.S. Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Anti-Trafficking Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Legislative Action in the 109th Congress . . . . . . . . . . . . . . . . . . . . . . . 10
Legislation in the 110th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Trafficking in Persons Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Latin America and the TIP Rankings . . . . . . . . . . . . . . . . . . . . . . . . . . 11
U.S. Government Anti-Trafficking Programs in Latin America . . . . . . . . . 12
Presidential Anti-Trafficking in Persons Initiative . . . . . . . . . . . . . . . 14
Regional and Country Anti-Trafficking Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Organization of American States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Inter-American Development Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Country Efforts: Progress and Remaining Challenges . . . . . . . . . . . . . . . . . 15
Issues for Policy Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Data Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Credibility of TIP Rankings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Measurements of Success . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Enforcement Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Balancing Multiple U.S. Interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Beyond Cuba and Venezuela? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Equal Focus on All Types of Trafficking? . . . . . . . . . . . . . . . . . . . . . . . . . . 20
TVPA Sanctions, Prostitution and Trafficking . . . . . . . . . . . . . . . . . . . . . . 20
List of Tables
Table 1. Latin America and the Caribbean Trafficking in Persons Status . . . . . 22

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Trafficking in Persons in
Latin America and the Caribbean
Background
Trafficking in persons for sexual exploitation or forced labor, both within a
country and across international borders, is a lucrative criminal activity that is of
major concern to the United States and the international community. While most
trafficking victims still appear to originate from South and Southeast Asia or the
former Soviet Union, human trafficking is a growing problem in Latin America and
the Caribbean. This paper describes the nature and scope of the problem of
trafficking in persons in Latin America and the Caribbean. It then describes U.S.
efforts to deal with trafficking in persons in Latin America and the Caribbean, as well
as discusses the successes and failures of some recent country and regional anti-
trafficking efforts. The paper concludes by raising issues that may be helpful for the
110th Congress to consider as it continues to address human trafficking as part of its
authorization, appropriations, and oversight activities.
Definition
Severe forms of trafficking in persons have been defined in U.S. law as “sex
trafficking in which a commercial sex act is induced by force, fraud, or coercion, or
in which the person induced to perform such act has not attained 18 years of age; or
... the recruitment, harboring, transportation, provision, or obtaining of a person for
labor or services through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.”1 Most
members of the international community agree that the trafficking term applies to all
cases of this nature involving minors whether a child was taken forcibly or
voluntarily.
Some groups in the United States have sought to broaden the definition of
trafficking in persons to include all forms of prostitution, but the international
community has thus far rejected these attempts. Others, including key U.S. officials,
have referred to trafficking as “modern day slavery.” Critics of presenting trafficking
as the equivalent of slavery note that although it creates a powerful analogy, the term
“slavery”only applies to a small percentage of trafficking cases. They assert that
1 Victims of Trafficking and Violence Protection Act of 2000 (TVPA) (P.L. 106-386). For
a detailed report on global human trafficking, see CRS Report RL30545, Trafficking in
Persons: The U.S. and the International Response, by Francis T. Miko.

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CRS-2
most cases of trafficking occur when migrants are exploited by traffickers during the
process of migration.2
Trafficking and Migration. In recent years, several factors have influenced
emigration flows from Latin America and the Caribbean. Whereas a large percentage
of emigrants from Latin America during the 1980s were refugees fleeing from the
conflicts in Central America, a majority of the region’s more recent emigrants have
been economic migrants in search of better paying jobs in developed countries.3
Primary destination countries for Latin American immigrants have included Spain,
Italy, Canada, the Netherlands, Britain, and the United States. These countries, many
with low birth rates and aging populations, have come to rely on both male and
female migrant laborers from Latin America to fill low-paying agricultural,
construction, service industry, and domestic service jobs. At the same time, concerns
about security and other issues related to absorbing large numbers of foreign-born
populations have led many developed countries to tighten their immigration policies.
These factors have led to a global rise in irregular or undocumented immigration.
In the Western Hemisphere, increasing irregular migration has been most
evident in Mexico, particularly along its 1,951-mile northern border with the United
States and its southern border with Guatemala (596 miles) and Belize (155 miles).
In 2005, Mexican authorities reported 240,269 migrant arrest incidents and 235,297
deportation events, each representing an increase of over 24,000 from 2004.4 These
migrants, though primarily from Central America, have begun to include large
numbers of individuals from South American countries. Between 2002 and 2005, the
number of non-Mexican undocumented migrants apprehended along the U.S.-Mexico
border more than tripled. In 2005, non-Mexicans, 90% of whom were Latin
American, accounted for 60% of the 134,185 undocumented migrants apprehended
in the Rio Grande section of the U.S.- Mexico border.5 Increasing irregular migration
has put Latin American migrants at a high risk of both human rights and health
dangers, including abuse by traffickers and alien smugglers.
Trafficking and Alien Smuggling. In 2000, the United Nations drafted
two protocols, collectively known as the Palermo Protocols, to deal with trafficking
in persons and human smuggling.6 Trafficking in persons is often confused with
alien or human smuggling. Alien smuggling involves the provision of a service,
generally procurement or transport, to people who knowingly buy that service in
order to gain illegal entry into a foreign country. The Trafficking Protocol considers
people who have been trafficked, who are assumed to be primarily women and
children, as “victims” or “survivors” who are entitled to protection and a broad range
of social services from governments. In contrast, some analysts assert that the
2 “Human Trafficking and Slavery,” Vital Voices Trafficking Report, September 2005.
3 There are several exceptions to this general rule, including emigrants fleeing from Cuba
and Colombia.
4 Estadísticas Migratorias, Instituto Nactional de Migración, December 2005.
5 “Life on a Troubled Frontier,”Fort Worth Star-Telegram, June 4, 2006.
6 The United Nations Convention Against Organized Crime and Its Protocols, Available at
[http://www.unodc.org/unodc/en/crime_cicp_convention.html].

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CRS-3
Smuggling Protocol considers people who have been smuggled as willing
participants in a criminal activity. Smuggled migrants are to be treated “humanely,”
but states are not required to provide them with any specific level of protection.7
Some observers assert that smuggling is a “crime against the state” and that
smuggled migrants should be immediately deported, while trafficking is a “crime
against a person” whose victims deserve to be given government assistance and
protection.8 Others maintain that there are few clear-cut distinctions between
trafficking and smuggling cases and that many people who are considered
“smuggled” should actually be viewed as trafficking victims. They argue that as
immigration and border restrictions have tightened, especially along the U.S.-Mexico
border, smuggling costs have increased and migration routes have become more
dangerous. U.S. Immigration and Customs Enforcement (ICE) officials have reported
that the fees charged by smugglers to bring migrants across the border has increased
fourfold in the past ten years. In addition, some smugglers have increasingly sold
undocumented migrants into situations of forced labor or prostitution in order to
recover their costs. Some predict that migrant smuggling may expand even more if
Congress approves tighter border security and immigration legislation.9
Global Figures on Trafficking. Trafficking in persons for sexual
exploitation or forced labor, both within a country and across international borders,
is one of the most lucrative and fastest growing types of organized crime. Due to the
clandestine nature of this type of crime, it is difficult to gather reliable data on its
prevalence in particular countries and regions of the world. Researchers have
generally had to rely on estimates compiled by non-governmental organizations
(NGOs) in order to assess the scope of the global trafficking industry. NGO reports
on trafficking tend to contain more anecdotal evidence than concrete statistics. In
addition to the difficulty of gathering good statistics on a clandestine activity,
countries may be reluctant to publish data for fear of being cited by the U.S.
government as having a major trafficking problem. According to U.S. State
Department estimates, some 600,000 to 800,000 people are trafficked across borders
annually worldwide for forced labor, domestic servitude, or sexual exploitation.
Some 80% of those trafficking victims are women and girls, and up to 50% are
minors. These figures do not include victims who are trafficked domestically who,
if included, would raise the total to between 2 million and 4 million.10
The International Labor Organization (ILO) estimates that globally some 2.4
million people have been trafficked by private agents into situations of forced labor.
7 Jacqueline Bhabha, “Trafficking, Smuggling, and Human Rights,” Migration Policy
Institute, March 1, 2005.
8 Statement by Claire Antonelli of Global Rights, Center for Strategic and International
Studies Event on Human Trafficking in Latin America, July 9, 2004.
9 Ann Jordan, “Human Trafficking and Globalization,” Center for American Progress,
October 2004; “Mexico-U.S.-Caribbean: Tighter Borders Spur People Traffickers,” Latin
America Weekly Report, April 11, 2006.
10 U.S. Department of State, Trafficking in Persons Report, 2006, June 5, 2006, Available
at [http://www.state.gov/g/tip/rls/tiprpt/2006/].

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CRS-4
Although most observers concur that the overwhelming majority of trafficking
victims are women and children, the ILO has found that the sex of trafficking victims
depends on the type of activity they are forced to undertake. Women and girls
account for the vast majority of those trafficked for commercial sexual exploitation,
but men and boys account for 44% of those trafficked for forced or bonded labor.11
Trafficking in persons affects nearly every country and region in the world.
Internal trafficking generally flows from rural to urban or tourist centers within a
given country, while trafficking across international borders generally flows from
developing to developed nations. Countries are generally described as source, transit,
or destination countries for trafficking victims.
Scope of the Problem in Latin America and the Caribbean
Countries in Latin America and the Caribbean serve as both source, transit, and
destination countries for trafficking victims. Latin America, along with Southeast
Asia and the former Soviet Union, is a primary source region for people trafficked
to the United States. The U.S. State Department estimates that up to 17,500 people
are trafficked to the United States annually.12 Countries in Latin America and the
Caribbean also serve as transit countries for victims brought from China and other
countries to Canada or the United States. For example, in 2004, Argentine officials
discovered some 700 Chinese trafficking victims en route to the United States.13
Child Trafficking. There is considerably less research on the extent and
nature of trafficking in persons in Latin America and the Caribbean than there is on
Asia and Europe. Most of the research that does exist focuses on trafficking in
children for sexual exploitation. This research is often tied to ongoing projects in
particular countries — targeted at children vulnerable to commercial sexual
exploitation — that are administered by the ILO and other international organizations
in partnership with local NGOs. Trafficking of children for sexual exploitation is
most common in countries that are both popular tourist destinations and centers of
sex tourism. This problem is exacerbated by the fact that most countries in the region
have legislation establishing (on average) 14 years of age as the legal age of consent
to work (see Table 1 at the end of this report). The available data show that the
11 “A Global Alliance Against Forced Labor,” ILO, 2005.
12 The number of people trafficked to the United States each year has been revised
downward from 1999 Central Intelligence Agency (CIA) estimates of 45,000 to 50,000
victims, to 18,000 to 20,000 victims reported in the 2003 Trafficking in Persons report, to
the current range of 14,500 to 17, 500 trafficking victims. While the U.S. government cites
better methodologies as the reason for these altered figures, some have criticized them as
being merely ‘guesstimates.’ See Gozdziak and Collett, “Research on Human Trafficking
in North America: A Review of the Literature,” in Data and Research on Human
Trafficking: A Global Survey, International Organization for Migration (IOM), 2005.
13 “Chinese Use Back Door Into America,” Washington Times, January 24, 2005.

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CRS-5
number of children sexually exploited in the region is increasing while the average
age of exploited children is decreasing.14
Although street and orphaned children are particularly vulnerable to trafficking
into the sex industry, a large percentage of children who have been trafficked remain
living with their families and engage in commercial sex activity in order to contribute
to household income. A 2002 study of child prostitutes in El Salvador found that
57% of those interviewed lived with their parents or other close relatives.15 Other
factors associated with children at risk of trafficking include poverty, infrequent
school attendance, physical or sexual abuse, drug or alcohol addiction, and
involvement in a criminal youth gang.
In addition to sexual exploitation, Latin American children have been trafficked
for illegal adoptions and for use as soldiers in armed conflict, domestic servants, and
agricultural and mining laborers. Guatemala has been among the largest source
countries of children kidnaped and trafficked internationally for adoption. Colombia
has the largest number of children trafficked for use as child soldiers; as many
as14,000 youth as young as seven years old have been trafficked to fight in the
country’s armed conflict.16 However, other countries, including Brazil, are facing
increasing instances of youth trafficked by drug gangs into urban warfare.
Children are also trafficked both internally and across international borders for
use as domestic servants. State Department officials estimate that as many as 1
million children work as domestic servants in Latin America, many of whom are
vulnerable to verbal, physical, and sexual abuse.17 A 2004 USAID-sponsored study
explores this phenomenon in the case of child domestic servants from Haiti who are
trafficked to the Dominican Republic. In early November 2005, the United Nations
Children Emergency Fund (UNICEF) and the Inter-American Commission on
Human Rights (IAHCR) condemned this practice, which has involved the trafficking
of some 30,000 Haitian children to the Dominican Republic.18

Finally, the ILO has documented instances from across the region of children
forced to work under dangerous circumstances in agricultural or mining industries.
In Bolivia, children work in the country’s mines and sugarcane harvesting, while
Brazilian youth harvest agro-export crops. On a positive note, a 2006 ILO report
14 Pamela Coffey et al., “Literature Review of Trafficking in Persons in Latin America and
the Caribbean,” Development Alternatives, Inc (DAI) for the U.S. Agency for International
Development, August 2004.
15 Zoila Gonzalez de Innocenti, “Explotación Sexual Comercial de Niñas y Adolescentes:
Una Evaluación Rápida, ILO/IPEC, 2002.
16 “The Baby Trade,” Foreign Affairs, November 1, 2003; “Child Soldiers Global Report
2004,” Coalition to Stop the Use of Child Soldiers, November 17, 2004.
17 Interview with representative from the Global Office to Monitor Trafficking in Persons,
U.S. Department of State, September 29, 2005.
18 Smucker and Murray, “The Uses of Children: A Study of Trafficking in Haitian
Children,” USAID/Haiti Mission, December 28, 2004; “Rights Organizations Slam Illegal
Trade in Children on Haitian-Dominican Border,” BBC News, November 7, 2005.

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CRS-6
found that the number of children working in Latin America and the Caribbean, many
of whom may have been trafficked for forced labor, fell by two-thirds between 2000
and 2004, faster than any other region in the world.19

Trafficking for Sexual Exploitation. While trafficking for forced labor is
a serious problem in Latin America and the Caribbean, trafficking for sexual
exploitation has been perceived as a more widespread and pressing regional
problem.20 Most victims are trafficked for prostitution, but others are used for
pornography and stripping. Children tend to be trafficked within their own countries,
while women between the ages of 18 and 30 are often trafficked internationally,
sometimes with the consent of their husbands or other family members. Major
source and recruitment countries include Brazil, Colombia, the Dominican Republic,
Uruguay, Venezuela, and Suriname. Spain, Germany, the Netherlands, Portugal, and
the United States are commonly identified as countries of destination for Latin
American trafficking victims. Although flows are significant, some observers
question 2004 and 2005 TIP report estimates that some 70,000 Brazilians, 45,000-
50,000 Colombians, and 50,000 Dominicans are engaged in prostitution in Europe
and may be trafficking victims, noting that the figures have not been corroborated by
European police officials. In addition to Europe and the United States, one study
estimates that 1,700 women from Latin America, primarily Colombians, Peruvians,
and Brazilians, are trafficked each year to Japan.21
There are also intra-regional trafficking problems. A 2005 report by the
International Organization for Migration (IOM) report asserts that the Caribbean’s
relatively open borders, lax enforcement of entertainment visa and work permit rules,
legalized prostitution, and burgeoning tourism industry have contributed to the
problem of trafficking there.22 Argentina and Brazil have also served as destination
countries for women trafficked from the Andes or Caribbean countries like the
Dominican Republic. Panama attracts as many as 1,000 Colombian migrants per
year, many of whom are trafficked, who arrive with entertainment visas to work in
prostitution, which is legal in that country for residents and non-residents. The
newest trafficking problem has occurred at border crossings throughout Central
America and Mexico, especially the Mexico-Guatemala border, as undocumented
women who have not been able to get to the United States end up being forced into
prostitution. Tecun Uman, a Guatemalan town near the Mexican border, reportedly
has 80 brothels with some 1,000 women working as prostitutes.23
19 “The End of Child Labor: Within Reach,” International Labor Organization, May 2006.
20 Laura Langberg, “A Review of Recent OAS Research on Human Trafficking in the Latin
American and Caribbean Region,” in Data and Research on Human Trafficking: A Global
Survey, IOM, 2005.
21 “Annual Report on Fighting the Crime of Trafficking in Persons, Especially Women,
Adolescents, and Children in the Americas,” Inter-American Commission of Women,
Organization of the American States, May 5, 2005.
22 “Exploratory Assessment of Trafficking in Persons in the Caribbean Region,” IOM, June
2005.
23 Bernd Debusmann, “Fear and Loathing on U.S.’s Lawless ‘Third Border,’”Reuters,
(continued...)

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CRS-7
Trafficking for Forced Labor. The ILO reports that trafficking victims
comprise 20% (or 250,000) of the 1.3 million people in Latin America engaged in
forced labor. These numbers do not include the increasing numbers of Latin
Americans who have ended up in situations of forced labor after migrating to Europe
or the United States. Despite the relatively large number of victims trafficked for
forced labor, both within the region and internationally, there are relatively few
studies on this topic.
In Brazil, more than 25,000 people have been recruited from small towns in the
northeast to labor in the country’s agribusiness industry.24 Since 2003, the Brazilian
government has adopted stronger penalties to punish employers caught using slave
labor. It has also strengthened the Special Mobile Inspection Group of inspectors
within the labor ministry, which has reportedly freed some 20,000 individuals from
slavery during the past decade. In 2005, the ILO cited Brazil as a positive example
of a country that has made a concerted effort to combat forced labor. Despite its
efforts, a recent investigation alleges that there are some 1,000 charcoal-making
camps in the Brazilian Amazon that are using slave labor to produce pig iron, a key
ingredient of steel. Some of that pig iron is processed into steel that is then purchased
by major companies in the United States.25
Forced labor is also used in the mahogany and gold-mining industries in the
Amazonian regions of Peru. In 2005, the ILO reported that some 33,000 people work
as forced laborers in Peruvian logging camps that produce mahogany, roughly 95%
of which is exported illegally. The Peruvian government has created a multi-sector
commission to fight illegal logging and forced labor in the logging industry. Press
reports have recently revealed that slave labor is also a major problem in several of
the 2,000 or so gold mines in the Peruvian Amazon.26
Every year thousands of undocumented Haitians flock to the Dominican
Republic lured by false promises from recruiters of profits to be made in the
sugarcane fields (bateyes). Haitians and their Dominican-born children are regularly
denied identity documents necessary to prove their citizenship and job status and to
permit their children to attend school, a practice that was condemned by an October
2005 Inter-American Court of Human Rights ruling against the Dominican
government.27 In early January 2006, 25 Haitian immigrants died of asphyxiation
while being transported by human smugglers from Haiti to the Dominican Republic.
In the past few years, the Department of Justice has prosecuted an increasingly
large volume of cases of foreigners trafficked into forced labor in the United States.
23 (...continued)
January 17, 2006.
24 TIP Report, 2006, [http://www.state.gov/g/tip/rls/tiprpt/2006/].
25 “A Global Alliance Against Forced Labor,” ILO, 2005; Michael Smith and David
Voreacos, “The Secret World of Modern Slavery,” Bloomberg Markets, December 2006.
26 Ibid.
27 “Dominican Republic Rejects Criticism of Migrant Treatment,” Reuters, December 10,
2006.

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Although the majority of these cases have involved trafficking for prostitution, a
significant number have involved the agricultural sector. Annually some 1.5 million
seasonal farm workers, mostly from Latin America and the Caribbean, plant and
harvest produce in the United States. Low wages, harsh working conditions, and a
lack of legal protection, combined with an ever increasing demand for cheap labor,
have resulted in growing numbers of forced labor abuses. In 2003, two New
Hampshire employers were convicted of forcing four Jamaicans to labor in their
landscaping business by confiscating their passports and threatening them with
physical abuse.28
Factors that Contribute to the Rise in Trafficking. Both individual
factors and outside circumstances may account for the rise of human trafficking
within and from Latin America and the Caribbean. Individual risk factors include
poverty, unemployment, illiteracy, history of physical or sexual abuse, homelessness,
drug use, and gang membership. The IOM in Colombia has identified some personal
characteristics common among trafficking victims. These include a tendency to take
risks in order to fulfill one’s goals, a focus on short-term rewards that may result
from short-term risks, and a lack of familial support and/or strong social networks.29
These risk factors that may “push” an individual towards accepting a risky job
proposition in another country have been compounded by “pull” factors, including
the hope of finding economic opportunity abroad, which is fueled by television and
internet images of wealth in the United States and Europe.
Outside factors contributing to human trafficking include the following: (1) the
high global demand for domestic servants, agricultural laborers, sex workers, and
factory labor; (2) political, social, or economic crises, as well as natural disasters,
occurring in particular countries; (3) lingering machismo (chauvinistic attitudes and
practices) that tends to lead to discrimination against women and girls; (4) existence
of established trafficking networks with sophisticated recruitment methods; (5)
public corruption, especially complicity between law enforcement and border agents
with traffickers and alien smugglers; (6) restrictive immigration policies in the
destination countries that have limited the opportunities for legal migration flows to
occur; (7) government disinterest in the issue of human trafficking; and (8) limited
economic opportunities for women in Latin America. Even where women have
achieved the same educational levels as men, women’s employment continues to be
concentrated in low-wage, informal sector jobs. As of 2002, women’s income
averaged just 69% of men’s income in Latin America.30
Relationship to Organized Crime and Terrorism. In many parts of the
world, trafficking in money, weapons, and people is largely conducted by criminal
gangs or mafia groups. Human trafficking can be a lucrative way for organized
criminal groups to fund other illicit activities. In Latin America, regional gangs,
28 Free the Slaves, “Hidden Slaves: Forced Labor in the United States,”September 2004.
29 Sanin et al., “Condiciones de Vulnerabilidad a la Trata de Personas en Colombia,” IOM,
2005.
30 David E. Guinn and Elissa Steiglich, eds. In Modern Bondage: Sex Trafficking in the
Americas, New York: Transnational Publishers, Inc., 2003.

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including the Mara Salvatrucha (MS-13), are increasingly involved in the trafficking
of drugs, arms, and people.31 According to the Bilateral Safety Corridor Coalition
(BSCC), criminal gangs from Mexico, Central America, Russia, Japan, Ukraine and
several other countries have been caught attempting to traffic victims across the U.S.-
Mexico border. Some analysts maintain that these gangs could eventually form ties
with terrorist groups, such as Al Qaeda, thereby threatening regional security,
although there has been no evidence of this to date. They argue that, just as terrorists
have engaged in drug trafficking in Colombia and the Tri-Border region (Argentina,
Brazil and Paraguay), they may increasingly turn to human trafficking to fund their
networks and operations. Others contend that trafficking is a type of “disorganized
crime” in which traffickers are generally individuals or small groups that collaborate
on an ad-hoc basis, rather than a big business controlled by organized crime.32
Trafficking and HIV/AIDS. One of the serious public health effects of human
trafficking is the risk of victims contracting and transmitting HIV/AIDS and other
diseases. On the global level, women engaged in prostitution, whether voluntarily
or not, have a high prevalence of HIV/AIDS. Some experts have noted that human
trafficking may be linked to the spread and mutation of the AIDS virus. Research in
Latin America and the Caribbean has shown that trafficking victims, along with other
irregular migrants, are at high risk of contracting HIV/AIDS. Factors that put these
groups at risk include poverty, discrimination, exploitation, lack of legal protection
and education, cultural biases, and limited access to health services. For example,
HIV is rapidly spreading among the migrant communities in north-eastern Brazil.33
U.S. Policy
Anti-Trafficking Legislation
Congress approved the first major legislation on human trafficking, the Victims
of Trafficking and Violence Protection Act (TVPA) of 2000, and President Clinton
signed the bill into law on October 28, 2000 (P.L. 106-386).34 The law seeks to
enable the U.S. government to confront the issue of human trafficking at the national
and international level within the framework of “prevention, protection, and
prosecution.” The law directs the Secretary of State to issue an annual report to detail
the trafficking problem in each country, assess each government’s efforts to combat
trafficking, and list countries that do and do not comply with minimum standards for
the elimination of trafficking. Countries failing to meet the minimum standards are
subject to sanctions on non-humanitarian U.S. assistance unless continued assistance
31 For more information on MS-13, see CRS Report RS22141, Gangs in Central America,
by Clare Ribando.
32 David A. Feingold, “Human Trafficking,” Foreign Policy, September/October 2005.
33 TIP Report, 2005, [http://www.state.gov/g/tip/rls/itprpt/2005]; UNAIDS, Latin America
Fact Sheet, July 2005; IOM, World Migration, 2005; “Mobility and HIV in the Caribbean,”
October 2005.
34 For more detailed information on anti-trafficking legislation, see CRS Report RL30545,
Trafficking in Persons: The U.S. and the International Response, by Francis T. Miko.

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is deemed to be in the U.S. national interest. The law also calls for the creation of
an Interagency Task Force to Monitor and Combat Trafficking, chaired by the
Secretary of State, and an Office to Monitor and Combat Trafficking to fund anti-
trafficking programs and initiatives in foreign countries and coordinate U.S.
government efforts to combat trafficking.
In 2002, Congress amended the TVPA in Sec. 682 of the Foreign Relations
Authorization Act, FY2003 (P.L. 107-228) in order to provide increasing support,
especially for NGOs, to provide services and assistance to trafficking victims.
In 2003, Congress approved the Trafficking Victims Protection Reauthorization
Act of 2003 (TVPRA), which President Bush signed into law on December 19, 2003
(P.L. 108-193). The law authorized large increases in funding for anti-trafficking
programs in FY2004 and FY2005 (totaling more than $100 million for each fiscal
year). P.L. 108-193 refined the standards for the elimination of trafficking that
governments must meet and charged those governments with providing the
information to prove their compliance. The bill also created a “special watch list”
of countries that, although not subject to sanctions, requires ongoing scrutiny.
Legislative Action in the 109th Congress. On October 7, 2005, the U.S.
Senate gave its advice and consent to ratify the United Nations Protocol to Prevent,
Suppress, and Punish Trafficking in Persons, Especially Women and Children.
President Bush then signed the Protocol and the United States became a party to the
agreement on December 3, 2005. As of that time, 113 countries had signed the
Protocol and 94 countries were party to the agreement.
In 2005, Congress approved the Trafficking Victims Protection Reauthorization
Act of 2005 (TVPRA), which President Bush signed into law on January 10, 2006
(P.L. 109-164). The TVPRA of 2005 contains provisions to increase support to
foreign trafficking victims in the United States, address the needs of child victims,
and develop anti-trafficking programs for post-conflict situations and humanitarian
emergencies abroad. It will provide an estimated $361 million over the next two
years to combat human trafficking.
Legislation in the 110th Congress. Legislation has been introduced, H.R.
270 (Smith), that would authorize funds for anti-trafficking programs for FY2008
through FY2010. Another bill, H.R. 1 (Pelosi), contains provisions that would
provide increased funding and equipment to strengthen the Human Smuggling and
Trafficking Center within the Department of Homeland Security.
Trafficking in Persons Reports
On June 5, 2006, the State Department issued its sixth annual report on human
trafficking, Trafficking in Persons Report (TIP), June 2006, as mandated by P.L.
106-386 and P.L. 108-193.35 The 2006 TIP report is more comprehensive than prior
reports, ranking 149 countries as compared to 142 countries in the 2005 report. It
35 U.S. Department of State, Trafficking in Persons Report, 2006, June 5, 2006,
[http://www.state.gov/g/tip/rls/tiprpt/2006/65983.htm].

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CRS-11
also discusses trafficking in persons in nine “special case” countries, including Haiti,
for which there was not enough information available to determine a tier ranking.
Countries not included in the report either do not appear to have a trafficking
problem (at least 100 cases per year) or there is insufficient data to ascertain whether
or not they have a trafficking problem. The 2006 report puts a special emphasis on
trafficking for slave labor practices that begin with a legal employment recruitment,
although this section is primarily focused on Asia and the Near East.
In the 2006 TIP report, countries are ranked in four groups or tiers. Tier 1 is
comprised of the countries that have a serious trafficking problem but fully comply
with the act’s minimum standards for the elimination of trafficking. Tier 2 consists
of the countries the State Department identifies as not fully complying with those
standards but making “significant efforts to bring themselves into compliance.” Tier
2 Watch-list, first added in the 2004 report, are the countries that are between Tier
2 and Tier 3, that the State Department must submit an interim report for by February
2007 in advance of the next TIP report. Tier 3 are the countries whose governments
are deemed as not fully complying with the minimum standards and not making
significant efforts to do so. Beginning in 2003, countries on Tier 3 could be subject
to sanctions on non-humanitarian, non-trade-related assistance and loss of U.S.
support from international financial institutions. Sanctions may be imposed if such
countries have not made adequate progress in combating trafficking by the date that
the President issues a determination (generally within 90 days of the release of the
report) or have not been granted a sanctions waiver.
Latin America and the TIP Rankings. The 2006 TIP Report presents
evidence that there has been some improvement on the part of governments in Latin
America in addressing the issue of human trafficking. In 2006, Belize, Cuba, and
Venezuela are the only countries identified as Tier 3 in the region, but six others —
including Brazil and Mexico — are on the Tier 2 Watch List and could fall into the
Tier 3 category by 2007. In September 2006, President Bush announced that Belize
would not be subject to sanctions because its government had taken significant
counter-trafficking actions since the end of the 2006 reporting period but that
Venezuela and Cuba would be sanctioned.
Some countries had made substantial progress in combating human trafficking.
Ecuador, a country that was on Tier 3 in 2004 and 2005, moved up to Tier 2 on the
2006 list. In contrast, Ambassador John Miller, Director of the State Department’s
Office to Monitor and Combat Trafficking in Persons, said that it “has to be a source
of concern” that Mexico was one of four major countries on the Tier 2 Watch List for
the second year in a row.36 Brazil, another regional power, was cited in the report for
making only limited progress in bringing traffickers to justice and for failing to apply
effective penalties to those who exploit forced labor.
Latin America had a higher percentage of Tier 3 countries in the 2005 TIP report
than any other region (See Table 1 at the end of this report). In its FY2006 budget
justification, the State Department asserts that these low rankings show a lack of
36 “Police, Lawmakers Targeting Human Trafficking Worldwide,” June 5, 2006, U.S.
Department of State, Washington File, [http://usinfo.state.gov].

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CRS-12
awareness in the region about the seriousness of the trafficking problem and a lack
of political will on the part of some governments to deal with the problem. In 2005,
Latin American countries on Tier 3 were Bolivia, Cuba, Ecuador, Jamaica, and
Venezuela. Tier 2 Watch-list countries were Belize, Dominican Republic, Haiti,
Mexico, Nicaragua, and Suriname. After a 90-day grace period, Bolivia and Jamaica
avoided sanctions and moved to the Tier 2 Watch-list on the basis of positive actions
taken by their governments to bring themselves into compliance with the TVPA.
Ecuador was judged not to have made significant progress within the allotted period,
but U.S. assistance was allowed to continue on the basis that it either promoted the
purposes of the TVPA (funded anti-trafficking programs) or is otherwise in the U.S.
national interest. Of the five Tier 3 countries, Venezuela was made subject to partial
sanctions, and the Cuban government, which does not have diplomatic relations with
the United States, was subjected to full sanctions.
On September 22, 2005, Representative Chris Smith, the original author of the
TVPA, expressed disappointment that countries like “Ecuador were waived [from
sanctions], despite their failure to make any significant reform.” Representative
Smith commented that “actions like this send the wrong signal to nations — friends
and foes alike — that turn a blind eye to this international horror.”37
In 2004, Latin America also had a higher percentage of its countries on both the
Tier 3 and the Tier 2 Watch-list than any other region. Latin American countries on
Tier 3 were Cuba, Ecuador, Guyana, and Venezuela. Tier 2 Watch-list countries
were Belize, Bolivia, Dominican Republic, Guatemala, Honduras, Jamaica, Mexico,
Paraguay, Peru, and Suriname. After a 90-day grace period, Ecuador and Guyana
avoided sanctions and moved to the Tier 2 Watch-list on the basis of positive actions
taken by their governments to bring themselves into compliance with the TVPA.
Venezuela was subject to partial sanctions, and the Cuban government, which does
not receive U.S. assistance, was subject to full sanctions.
U.S. Government Anti-Trafficking Programs in Latin America

In FY2005, the U.S. government provided $94.7 million in anti-trafficking
assistance to foreign governments worldwide, up from $82 million in FY2004.38 The
funding supported 266 global and regional anti-trafficking programs, with 61 in
Latin America, 64 in Europe and Eurasia, and 78 in Africa. Although Latin America
had fewer programs in terms of numbers than Africa or Europe and Eurasia, funding
for programs in Latin America exceeded all other regions with 29% of the total
FY2005 obligation. In addition, Brazil and Mexico were among the top five
countries in world in terms of the numbers of projects supported by U.S. funding.
These programs are administered by a variety of U.S. agencies, including Department
of State, the Agency for International Development, Department of Labor,
Department of Justice, Department of Health and Human Services, Department of
Homeland Security, Immigration and Customs Enforcement, and U.S. contributions
37 “Rep. Smith Disappointed with White House Failure to Sanction Allies for Trafficking
Violations,” U.S. Fed News, September 22, 2005.
38 A detailed breakdown of FY2006 estimated allocations for global anti-trafficking
programs should be made available by the State Department in March 2007.

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CRS-13
to the United Nations. The majority of the programs are either regional, or directed
at countries that were placed on either Tier 3 or the Tier 2 Watch-list.39
In FY2005, as in FY2004, Latin America regional programs focused on
coordinating regional efforts to combat trafficking in persons through the
Organization of American States (OAS) and providing funds for workshops,
conferences, and public awareness campaigns throughout the region. Funds also
supported large initiatives administered by the ILO and others aimed at reducing
child labor and the commercial sexual exploitation of children. In Central America,
several programs focused on harmonizing trafficking, repatriation, and victim
protection policies among the governments and civil society; disseminating public
awareness materials; and reintegrating street children at-risk of trafficking with their
families and social networks.
Whereas regional programs in Latin America supported initiatives necessary to
address the cross-cutting nature of human trafficking, country programs focused on
the specific challenges and/or government weaknesses in combating trafficking that
have been identified in TIP reports. For example, anti-trafficking programs in Brazil
were targeted at combating sex tourism and forced labor. Programs in Haiti aimed
to provide assistance to children employed under harsh circumstances in domestic
service and to prevent further trafficking of these children within Haiti and to the
Dominican Republic. Throughout Latin America, there is an emphasis on programs
that seek to improve public awareness and prevention efforts, to provide more
thorough assistance to trafficking victims, including repatriation and reintegration for
victims trafficked abroad, and to strengthen legal reforms and enforcement
mechanisms.
In terms of future planning, the FY2006 State Department budget justification
indicates that $2.6 million of $12 million in global Economic Support Funds (ESF)
would be targeted to combating human trafficking in Latin America. The funds
would be used to support regional coordination activities through the Organization
of American States (OAS), public awareness campaigns, victims services and
reintegration (especially in border areas), creation or expansion of shelters for
trafficking victims in countries where few exist, and anti-trafficking legal reform.
In addition to foreign aid programs, various agencies within the Department of
Homeland Security are stepping up joint efforts with Mexican officials to identify,
arrest, and prosecute human trafficking and smuggling rings that operate along the
U.S - Mexico border and beyond. On July 21, 2005, the Bureau of U.S. Immigration
and Customs Enforcement (ICE) reported that it had apprehended 10 members of a
criminal group trafficking young women from Honduras to work as forced laborers
in New Jersey. In August 2005, the Bureau of U.S. Customs and Border Protection
(CBP) announced a new program, the “Operation Against Smugglers (and
39 Government Anti-Trafficking Programs Obligated Project Funding (FY2005),” Fact
Sheet, Office to Monitor and Combat Trafficking in Persons, U.S. Department of State.
[http://www.state.gov/g/tip/rls/fs/2006/63816.htm].

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CRS-14
Traffickers) Initiative on Safety and Security” (OASISS), aimed at strengthening
cooperation with Mexican officials to crack down on these types of criminal groups.40
Presidential Anti-Trafficking in Persons Initiative. In July 2004,
President Bush announced that eight countries had been selected to receive $50
million in strategic anti-trafficking in persons assistance.41 The countries were
chosen on the basis of the seriousness of the trafficking problem each faces, as well
as their willingness to cooperate with a variety of U.S. agencies to combat the
problem. Brazil and Mexico, along with Cambodia, India, Indonesia, Moldova,
Sierra Leone, and Tanzania, were slated to receive the funds. The $50 million would
be in addition to regular anti-trafficking funds being provided by the United States.
Some $8.2 million in funds had been approved by the Senior Policy Operating
Group (SPOG) on trafficking for Brazil. These funds will support labor trafficking
programs in the Southern Amazon; shelters for sex tourism victims in Rio, Recife
and Sao Paulo; reintegration and border shelters in the Tri-border region (Brazil,
Paraguay, and Argentina); and strengthening mobile law enforcement teams to fight
forced labor in the interior, as well as training judges and prosecutors.
Mexico is also slated to receive $8.2 million in funds. An additional $550,000
for Mexico and regional programs are currently pending SPOG approval. These
funds will support training for law enforcement and immigration officials, as well as
shelter and emergency services in Mexico City, Cancun, Ciudad Juarez, Tijuana and
Monterey. They will also finance projects aimed to prevent sex tourism and to
rehabilitate sex trafficking victims. Funds are slated for prosecutorial training, which
may be especially important if and when the Mexican Congress adopts pending anti-
trafficking legislation. The funds will establish shelters and provide reintegration
assistance along the Mexico-Guatemala border.
Regional and Country Anti-Trafficking Efforts
Organization of American States
OAS efforts to combat trafficking in persons began in 1999 when the Inter-
American Commission of Women (CIM) co-sponsored a research study on
trafficking in persons in nine countries in Latin America that offered broad
recommendations for its elimination. In 2003 and 2004, the OAS General Assembly
passed two resolutions on the subject, the latter of which created an OAS Coordinator
40 “Indictments Made in Case Involving U.S.-Honduran Smuggling Ring,” July 22, 2005,
and “U.S. Mexico Increasing Efforts to Prosecute Human Traffickers,” August 23, 2005,
U.S. Department of State, Washington File, [http://usinfo.state.gov].
41 The $50 million consists of projects that must be approved by the Senior Policy Operating
Group (SPOG) and the Deputy Secretary of State for each region. At this time, $7.1million
have yet to be approved by the SPOG and the Deputry Secretary of State. Programs were
either funded by FY2003 Child Survival and Health (CSH) funds, FY2004 ESF funds, or,
once approved, will be funded by the end of FY2006 with FY2005 ESF funds (which are
two-year funds).

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CRS-15
on the Issue of Trafficking in Persons, originally based in the CIM and now part of
the Department for the Prevention of Threats to Public Security. Since that time,
OAS, in partnership with IOM, has provided training and held several workshops for
government officials and representatives from civil society in Mexico, Bolivia,
Belize, and the English-speaking Caribbean and the Netherlands Antilles. OAS
representatives have participated in numerous seminars at the country, regional, and
international level to identify and disseminate information on best practices in the
region. The OAS has also begun to conduct research in destination countries,
including a project completed in Japan and a proposed project with the European
Union.
Inter-American Development Bank
In 2004, the Inter-American Development Bank (IDB) formed an internal
working group to begin developing ways to support governments’ anti-trafficking
efforts in the region. The IDB is coordinating its efforts with the OAS and the IOM,
and has developed technical cooperation projects for Bolivia, Colombia, El Salvador,
Guyana, and Paraguay. The IDB is also working with the Ricky Martin Foundation
to raise awareness of the extent of child trafficking in the region through public
service announcements, promotional materials, and a video on best practices to
combat trafficking in the region. In 2006, the Bank and the Foundation opened
trafficking prevention hotlines (funded by IOM) in Central America, Colombia,
Mexico, and Peru.
Country Efforts: Progress and Remaining Challenges
Over the last few years, most Latin American countries, perhaps motivated by
international pressure or the threat of U.S. sanctions, have taken steps to address the
growing problem of human trafficking. As evidenced in Table 1, a majority of
countries in the region have signed and ratified several international protocols in
which they have pledged to combat various aspects of the trafficking problem. Those
agreements include The UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, the ILO Convention on the Worst Forms of Child Labor; the Optional
Protocol to the UN Convention on the Rights of the Child (CRC) on the Sale of
Children, Child Prostitution, and Pornography; and The Optional Protocol to the
CRC on the Involvement of Children in Armed Conflict. A number of countries,
including 9 countries in 2005, also passed new or amended anti-trafficking
legislation and several created National TIP Coordinators or Task Forces to
coordinate anti-TIP programs and initiatives.
Most governments in the region that have received a Tier 3 designation, though
initially dismayed, have worked with U.S. officials to address the problem of
trafficking in persons during the 90-day grace period before the Presidential
determination. According to the State Department, Bolivia, a country that was placed
on Tier 3 in June 2005, had begun taking steps to improve its anti-trafficking
programs and legislation before the report was released. A State Department
spokesman asserted that the Bolivian example “is a model for the kind of cooperative
dialogue on these kinds of issues that is envisioned not only by the law, but by ... our

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CRS-16
application of the law.”42 In contrast to the case of Bolivia, the Venezuelan
government issued a statement on June 7, 2006, challenging the TIP reports’
conclusions and maintaining that the report is just “part of the greater [U.S.
government] campaign to discredit President Hugo Chávez.”43
The general problem with the new international commitments, legal reforms,
and human trafficking initiatives that have emerged in Latin America is that many
countries appear to lack the resources and perhaps the political will to fund and
implement their anti-trafficking programs adequately. Sometimes country efforts are,
for example, thwarted by larger problems, such as political instability. Many
countries have few, if any, shelters for trafficking victims and, as in the case of
Paraguay, no follow-up plans to help victims after they return from overseas or to
their residences in smaller towns across the country. Some countries, including
Guyana and Belize, have appeared to model their national TIP laws so closely to
TVPA that they do not have the resources or the manpower to implement the
complicated legislation. Public corruption is also a major obstacle to effective anti-
trafficking programming as there is often complicity between traffickers and corrupt
border officials, customs agents, law enforcement personnel, and politicians.
Colombia, the only Latin American country placed on Tier 1 in 2006, is also the
largest recipient of U.S. assistance in Latin America, which may account for some
of its ability to mobilize law enforcement, judicial and social service systems to fight
trafficking in a holistic manner. The Colombian government arrested 49 trafficking
suspects and prosecuted 25 trafficking cases during the 2006 reporting period.
Colombian courts sentenced two traffickers; each received a nine-year sentence. In
January 2006, the Colombian police began seizing assets of traffickers. The
Colombian government worked with authorities in other countries to repatriate
Colombians who had been trafficked abroad and to provide them with reintegration
assistance. Similar services were provided for child victims of internal trafficking.
National public awareness campaigns have been complemented by efforts to raise
awareness in other countries in the region, including the Dominican Republic, about
successful ways that Colombia has dealt with human trafficking.
42 Sean McCormack, Spokesman, U.S. Department of State, Daily Press Briefing, June 3,
2005.
43 “Venezuela Rejects U.S. Report on Human Trafficking,” Xinhua News Service, June 7,
2006.

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CRS-17
Issues for Policy Consideration
There are a number of issues and foreign policy considerations affecting the
implementation of anti-trafficking in persons legislation that make U.S. efforts on
this front appear inconsistent at times. Indeed, the State Department has
acknowledged that the United States has a “deep, involved relationship” with a
number of the countries in the TIP report, but that trafficking is “an important moral
issue” that “we’re not going to hesitate to bring up [with those countries].”44 As is
the case with many human rights issues, ethical concerns about human trafficking
must be balanced against broader U.S. geopolitical goals and interests in each
country. Striking a balance between these competing concerns is exacerbated by the
difficulty of gauging the effectiveness of existing implementation efforts. Issues that
may be considered when evaluating the implementation of U.S. anti-trafficking
policies are discussed below.
Data Collection
In June 2003, Human Rights Watch criticized the State Department’s
Trafficking Report for lacking a consistent analytical framework for gathering data
on trafficking. These criticisms were reiterated in a recent report issued by the
Government Accountability Office (GAO) in July 2006. According to GAO, the oft-
quoted U.S. government global estimate of the number of trafficking victims is of
“questionable” accuracy because of “methodological weaknesses, gaps in data, and
numerical discrepancies.”45 The U.S. Department of State’s Office to Monitor and
Combat Trafficking in Persons (G-TIP) has responded to these criticisms by asserting
that it continues to pursue better global estimates on human trafficking victims as
part of its broader TIP research agenda. G-TIP has created a subcommittee on TIP
research within its Senior Policy Operating Group, supported TIP research projects,
and funded IOM’s global database on trafficking in persons. The State Department
has asserted that, given existing resource constraints, “a better global estimate of the
number of trafficking victims, while desirable, should not be the focus of additional
research initiatives.” Instead, research should focus on “providing information on the
comparative severity of trafficking in particular regions, countries or localities,
information on the methods used by traffickers to exploit victims and information on
the effectiveness of anti-trafficking programs.”46
Credibility of TIP Rankings
Many analysts have asserted that the overall impact of the Trafficking report and
sanctions process depends upon the credibility of the State Department’s annual
country TIP rankings. Some would argue that, although the TIP reports have
44 McCormack, June 3, 2005.
45 “U.S. State Department Trafficking Report Undercut by Lack of Analysis,” Human Rights
Watch,, June 2003; U.S. Government Accountability Office, “Better Data, Strategy, and
Reporting Needed to Enhance U.S. Antitrafficking Efforts Abroad,” GAO-06-825, July
2006.
46 Ibid.

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CRS-18
improved with each year, “inconsistent application of the minimum standards
[mandated by TVPA] and superficial country assessments have compromised their
credibility.”47 Some argue that it is difficult to determine what standards make a
country eligible for Tier 1. Others maintain that the Tier 2 and Tier 2 “Watch-list”
have become “catch-all” categories that include countries with wide variations of
performance in combating trafficking, some of which should really be placed on Tier
3. According to the GAO, in addition to a lack of clarity in the tier ranking process,
the TIP report’s “incomplete narratives reduce the report’s utility as a guide to help
focus U.S. government resources on antitrafficking programming priorities.” The
State Department, while acknowledging the need to continue to increase the
comprehensiveness of the report, believes that “keeping the report concise is
paramount” and that the country narratives must be “short, readable, and focused on
deficiencies.”48
Measurements of Success
It is often difficult to measure success in the fight against human trafficking.
The State Department has identified the passage of new TIP legislation or the
amendment of existing TIP legislation to increase prosecutions of traffickers as
evidence of some success. Since many countries in Latin America have passed or
amended their existing TIP laws in recent years, it follows that an increasing number
of prosecutions and convictions under that legislation should be a further indicator
of success in combating TIP. In 2005, there were 170 prosecutions of suspected
traffickers, but only 59 convictions in Latin America. These figures pale in
comparison to East Asia and the Pacific, with 2,580 prosecutions and 2,347
convictions, and Europe and Eurasia, with 2,598 prosecutions and 1, 984 convictions
in 2005.49 They also pale in comparison to the number of reported victims both in
Latin America and globally. Some have asserted that the low conviction rates in
Latin America may be due to the fact that it is easier to prosecute traffickers for other
offenses, such as money laundering, than for trafficking in persons. Others have
noted that even in the United States, there were only 116 defendants charged with
trafficking and 45 individuals convicted of TIP-related crimes in 2005.
Enforcement Improvement
In order to improve enforcement of TIP legislation in Latin America, observers
have identified several issues that they maintain should be addressed. Some have
noted that countries, instead of being encouraged to pass laws modeled after other
countries (such as the TVPA), need to be given time to develop trafficking laws that
respond to their particular TIP problems and law enforcement capacities. Once
legislation is in place, more attention and resources may be needed to help countries
implement that legislation, and that assistance may need to go beyond training for
law enforcement and legal professionals. Third, attention may be needed to address
the issue of police corruption that has long-plagued many countries in the
47 Chuang, 2006.
48 GAO-06-825, July 2006.
49 TIP Report, 2006, [http://www.state.gov/g/tip/rls/tiprpt/2006/65983.htm].

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CRS-19
hemisphere. This could be addressed by stiffening penalties for police, border
guards, lawyers, judges, or politicians caught assisting traffickers.
Balancing Multiple U.S. Interests
U.S. interests in Latin America are multiple and, at times, conflicting. These
interests include strengthening democracy, promoting economic growth through free
trade, stemming the flow of illegal narcotics and undocumented migrants, and
cooperating on border security and anti-terrorism measures. These broad interests
either directly or indirectly affect all U.S. policy in the region and may at times
conflict with specific human rights goals, such as fighting human trafficking.
There are several ways in which broader U.S. foreign policy goals may influence
the TIP report and sanctions process. Some observers maintain that there are certain
U.S. allies in the region that could never be sanctioned for political reasons. Others
contend that the repeated inclusion of Cuba and Venezuela on the Tier 3 list
constitutes “selective indignation” on the part of the U.S. government.50
U.S. Embassy officials in the region have noted that it is sometimes difficult to
produce an unbiased account of government efforts against trafficking without being
swayed by underlying foreign policy concerns. Others have noted that it is difficult
to deal with human rights issues like trafficking in persons when a country is
undergoing extreme political instability.51 Others contend that were TIP sanctions to
be enforced, they could undermine larger goals of preventing further democratic
breakdown in the hemisphere.
Beyond Cuba and Venezuela?
Since 2003, no governments in Latin America except Cuba and Venezuela have
been subject to partial or full sanctions for failing to meet the minimum standards of
TVPA. Ecuador appeared on the Tier 3 list in both 2004 and 2005 but did not face
sanctions. Some argue that sanctions will probably only be applied to countries
already subject to sanctions — such as Burma, Cuba, or North Korea — and that
threatening other countries with sanctions may actually encourage them to become
less open to working with the United States. Others argue that this may be the case
with China or Saudi Arabia, but most Latin American countries depend on good
political and economic relations with the United States and fear the public
humiliation that comes with a Tier 3 designation as much as actual sanctions. For
example, some believe a Tier 3 designation motivated the Jamaican government to
take several positive steps against trafficking between June and September 2005. In
this view, the government of Jamaica may have been motivated by the sanctions
threat, but it was also concerned with maintaining its international image as a good
destination for foreign tourists.
50 “Politics: U.S. Trafficking Report Includes Cuba and Venezuela,” Global Information
Network, June 10, 2005.
51 Interviews with State Department Officials, September 2005.

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CRS-20
Equal Focus on All Types of Trafficking?
The TVPA defines trafficking broadly to include problems such as forced labor,
sex slavery, and domestic servitude. Although the U.S. government funds programs
to combat all types of trafficking in persons, some observers believe that the
government focuses too much on sex slavery as opposed to non-sexual labor
exploitation. A 2005 ILO study finds that less than half of all trafficking victims
worldwide are part of the sex trade. Despite these statistics, critics say that both the
media and the U.S. government focus on sex-trafficking cases more than other
trafficking cases. They argue that an increasing percentage of the U.S. anti-
trafficking budget is being directed to inexperienced NGOs focused on rescuing
women and children from the commercial sex industry. The inventory of U.S. anti-
trafficking programs in 2004 appears to counter these claims as it shows U.S. support
for a wide variety of NGOs that strive to protect victims and prosecute traffickers
engaged in all types of human trafficking.52
TVPA Sanctions, Prostitution and Trafficking
Several groups in the United States have sought to broaden the definition of
trafficking in persons to include all forms of prostitution, but many countries have
thus far rejected those attempts. Proponents of this broader definition of trafficking
in persons argue that prostitution is “not ‘sex work;’ it is violence against women
[that] exists because ... men are given social, moral and legal permission to buy
women on demand.”53 Opponents, including many European and Latin American
countries, have legal and regulated prostitution and argue that this broadened
definition would impede the capacity of the international community to achieve
consensus and work together to combat trafficking.
The U.S. State Department has repeatedly asserted that prostitution and
trafficking in persons are inextricably linked. U.S. officials argue that “where
prostitution is legalized or tolerated, there is greater demand for human trafficking
victims and nearly always an increase in the number of women and children
trafficked into commercial sex slavery.” Others disagree, noting that giving
prostitutes some measure of legitimacy short of legalization reduces the risk that they
will be exposed to the dangers of trafficking.54
In 2003, Congress approved two pieces of legislation that made U.S. funding
for HIV/AIDS and anti-trafficking programs available only to groups that explicitly
condemn “prostitution and sex trafficking.” An amendment to H.R. 1298 (P.L. 108-
25), which authorizes the President’s Emergency Plan for AIDS Relief (PEPFAR),
prohibits funds from being distributed to any group or organization that does not have
52 Jennifer Block, “Sex Trafficking: Why the Faith Trade is Interested in the Sex Trade,”
Conscience, Summer/Autumn 2004; “A Global Alliance Against Forced Labor,”ILO, 2005;
Debbie Nathan, “Oversexed,” The Nation, August 29 - September 5, 2005, vol. 281; U.S.
State Department, TIP Report 2005, [http://www.state.gov/g/tip/rls/rpt/51689.htm]
53 Janice G. Raymond, “Sex Trafficking is Not ‘Sex Work,’” Conscience, Spring 2005.
54 U.S. State Department web-site, [http://www.state.gov/g/tip/]; Feingold, Sept./Oct. 2005.

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CRS-21
a policy “explicitly opposing prostitution and sex trafficking.” Similarly, the
Trafficking Victims Protection Reauthorization Act of 2003 (P.L. 108-193) restricts
anti-trafficking funds to groups that oppose prostitution.
Critics have argued that these policies exclude the people who are most able to
report and combat abuses within the sex industry, prostitutes themselves. They are
concerned that well-established programs may be penalized by these new regulations,
thereby nullifying progress that has been made in HIV/AIDS prevention and anti-
trafficking. Some groups that work directly with sex workers in India and Cambodia
have already rejected U.S. funding. Brazil has rejected U.S. support for its HIV/AIDS
programs because it is opposed to the new restrictions. Ambassador John Miller,
Director of the State Department’s Office to Monitor and Combat Trafficking in
Persons, replied to these assertions by noting that this change in U.S. funding policy
has yet to have any adverse effects on groups already working to combat trafficking
worldwide.55
55 Melissa Ditmore, “New U.S. Funding Policies on Trafficking Affect Sex Work and HIV-
Prevention Efforts World Wide,” SIECUS Report, Spring 2005; Esther Kaplan, “Just Say
Nâo,” The Nation, May 30, 2005; Edi C. M. McKinney, “Appropriations for the
Abolitionists,” Berkeley Journal of Gender, Law and Justice, vol. 21, 2006; “Opinion: Des
Moines Register Editorial Showed ‘Surprising Ignorance’ on Sex Work, Trafficking,
HIV/AIDS,” Kaiser Daily HIV/AIDS Report, July 28, 2005.

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CRS-22
Table 1. Latin America and the Caribbean Trafficking in Persons Status
ILO
National
Age of
2005 Tier
2006 Tier
UN TIP
Convention
Optional Protocol of
Optional Protocol
TIP Coord.
Plan on
Consent to
Country
Placement
Placement
Protocol
182
CRC
CRC Armed Conflict
TIP Law or Task Force
CSEC
Work
Signed
Ratified (a)
Ratified
Signed
Ratified (a)
Signed
Ratified (a)
Argentina
Tier 2
Tier 2 (W)
X
X
X
X
X
X
X
pending
X
X
14
Belize
Tier 2 (W)
Tier 3
X (a)
X
X
X
X
X
X
X
14
Bolivia
Tier 3
Tier 2 (W)
X
X
X
X
X
X(a)
X
14
Brazil
Tier 2
Tier 2 (W)
X
X
X
X
X
X
X
X
X
X
14
Chile

Tier 2

Tier 2
X
X
X
X
X
X
X
X
X
14
Colombia
Tier 1
Tier 1
X
X
X
X
X
X
X
X
X
X
14
Costa Rica

Tier 2

Tier 2
X
X
X
X
X
X
X
X
X
15
Cuba
Tier 3
Tier 3
X
X
X
DR
Tier 2 (W)
Tier 2
X
X
X(a)
X
X
X
15
Ecuador
Tier 3
Tier 2
X
X
X
X
X
X
X
X
X
14
El Salvador

Tier 2

Tier 2
X
X
X
X
X
X
X
X
X
14
Guatemala
Tier 2
Tier 2
X (a)
X
X
X
X
X
X
14
Guyana
Tier 2
Tier 2
X (a)
X
X
X
14
Haiti
Tier 2 (W)
Not rated
X
X
X
15
Honduras
Tier 2
Tier 2
X
X (a)
X (a)
16
Jamaica
Tier 3
Tier 2 (W)
X
X
X
X
X
X
pending
X
12
Mexico
Tier 2 (W)
Tier 2 (W)
X
X
X
X
X
X
X
pending
X
X
14
Nicaragua
Tier 2 (W)
Tier 2
X (a)
X
X (a)
X(a)
X
X
14
Panama
Tier 2
Tier 2
X
X
X
X
X
X
X
X
14
Paraguay

Tier 2

Tier 2
X
X
X
X
X
X
X
X
X
X
15
Peru
Tier 2
Tier 2 (W)
X
X
X
X
X
X
X
X
14
Suriname
Tier 2 (W)
Tier 2
X
X
X
X
14
Venezuela
Tier 3
Tier 3
X
X
X
X
X
X
X
X
14
* For an explanation of Tier Placement, see USG Trafficking in Persons Report, June 2005 and June 2006.
** (W) indicates placement on Tier 2 Watch List as opposed to Tier 2.
*** (a) indicates accession.
Status of Ratification of Treaties and Protocols:
— U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons: [http://www.unodc.org/unodc/en/crime_cicp_signatures_trafficking.html]
— ILO Convention 182 (Convention on the Worst Forms of Child Labor): [http://www.ilo.org/ilolex/english/newratframeE.htm]
— Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution, and Pornography: [http://www.ohchr.org/english/countries/ratification/11_c.htm]
— Optional Protocol to the CRC on the Involvement of Children in Armed Conflict: [http://www.unhchr.ch/html/menu2/6/crc/treaties/status-opac.htm]
— National Plan of Action Against Commercial Sexual Exploitation of Children: [http://www.ecpat.net/eng/Ecpat_inter/projects/monitoring/national_plan.asp#5]

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